Berry v. Samuels

Court of Appeals of Georgia

Berry v. Samuels

244 S.E.2d 593, 145 Ga. App. 687, 1978 Ga. App. LEXIS 2087

CourtCourt of Appeals of Georgia

DecidedApril 6, 1978

Docket55474

StatusPublished

This text of 244 S.E.2d 593 (Berry v. Samuels) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Berry v. Samuels, 244 S.E.2d 593, 145 Ga. App. 687, 1978 Ga. App. LEXIS 2087 (Ga. Ct. App. 1978).

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Opinion

Webb, Judge.

The father of an illegitimate child whom he has never sought to legitimate and for whom he has never "shouldered any significant responsibility with respect to the daily supervision, education, and protection,” has no standing to object to the adoption of the child by its maternal aunt in whose custody the child had been for three years with the permission of the mother, since deceased. Code Ann. §§ 74-203, 74-403 (1); Quilloin v. Walcott, 238 Ga. 230 (232 SE2d 246) (1977), — U. S. — (98 SC 549, 54 LE2d 511) (1978). The trial court erred in denying the applicant’s petition for adoption.

Judgment reversed.

Quillian, P. J., and McMurray, J., concur.

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Webb, Judge.

The father of an illegitimate child whom he has never sought to legitimate and for whom he has never "shouldered any significant responsibility with respect to the daily supervision, education, and protection,” has no standing to object to the adoption of the child by its maternal aunt in whose custody the child had been for three years with the permission of the mother, since deceased. Code Ann. §§ 74-203, 74-403 (1); Quilloin v. Walcott, 238 Ga. 230 (232 SE2d 246) (1977), — U. S. — (98 SC 549, 54 LE2d 511) (1978). The trial court erred in denying the applicant’s petition for adoption.

Judgment reversed.

Quillian, P. J., and McMurray, J., concur.

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Bluebook (online)

244 S.E.2d 593, 145 Ga. App. 687, 1978 Ga. App. LEXIS 2087, Counsel Stack Legal Research, https://law.counselstack.com/opinion/berry-v-samuels-gactapp-1978.

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